The House of Delegates met at 11:00 a.m., and was called to order by the Speaker.
Prayer was offered and the House was led in recitation of the Pledge of Allegiance.
The Clerk proceeded to read the Journal of Monday, March 6, 2006, being the first order of
business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:S. B. 245, Creating Consolidated Local Government Act,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that second reference of the bill to the Committee on the
Judiciary be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the bill (S. B. 245) to the Committee on the Judiciary was abrogated, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:Com. Sub. for S. B. 439, Strengthening one-call system requirements for excavators'
damage,
And reports the same back, with amendment, by unanimous vote of the Committee, with the
recommendation that it do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 439) was taken up for immediate consideration, read a first time, ordered to second reading
and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent
Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:Com. Sub. for S. B. 350, Authorizing Department of Health and Human Resources
promulgate legislative rules,
And reports the same back with the recommendation that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 350) was taken up for immediate consideration, read a first time and then ordered to second
reading.
Mr. Speaker, Mr. Kiss, from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration:H. C. R. 33, Requesting recognition of the counties of Berkeley and Jefferson as part of the
historic Shenandoah Valley,H. C. R. 66, Expressing the ideal that a woman should be added to the West Virginia State
Seal,H. C. R. 75, Requesting the Joint Committee on Government and Finance study the prospect
of reducing medical care costs for state employees,H. C. R. 76, Interim study on the improvement of access to oral health care services in states
that allow dental hygienists to administer services to patients,
And, H. C. R. 82, Requesting that the Committee on Government and Finance study the Medicaid
Waiver Program for the elderly and people with disabilities in West Virginia,
And reports the same back with the recommendation that they each be adopted.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:S. B. 581, Amending definition of "person" relating to motor fuel excise tax,S. B. 609, Relating to time period for filing senior citizens' property tax credit claim,
And,S. B. 626, Requiring annual personal income tax withholding reconciliations,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (S. B. 581,
S. B. 609 and S. B. 626) were each taken up for immediate consideration, read a first time, ordered
to second reading and then, in accordance with the provisions of House Rule 70a, ordered to the
Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration: S. B. 484, Utilizing community corrections programs in pretrial supervision,
And,S. B. 497,Repealing requirement nonresidents post security for court costs,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (S. B. 484
and S. B. 497) were each taken up for immediate consideration, read a first time, ordered to second
reading and then, in accordance with the provisions of House Rule 70a, were each ordered to the
Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:Com. Sub. for S. B. 517, Requiring multidisciplinary treatment team for certain juveniles,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub. for S. B. 517) was taken up for immediate consideration, read a first time, ordered to second reading
and then, in accordance with the former direction of the Speaker, referred to the Committee on
Finance.

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage ofS. B. 793 - "A Bill making a supplementary appropriation of public moneys out of the
Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund,
General Revenue, to the Department of Administration - Consolidated Public Retirement Board,
fund 0195, fiscal year 2006, organization 0205, to the Department of Military Affairs and Public
Safety - Office of the Secretary, fund 0430, fiscal year 2006, organization 0601, to the Department
of Revenue - Office of the Secretary, fund 0465, fiscal year 2006, organization 0701, and to the
Department of Revenue - Tax Division, fund 0470, fiscal year 2006, organization 0702, by
supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June,
two thousand six."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 793) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.
A message from the Senate, by
The Clerk of the Senate, announced the passage by the Senate and requested the concurrence
of the House of Delegates in the passage ofCom. Sub. for S. B. 794 - "A Bill expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending the thirtieth day of June, two thousand
six, in the amount of five million four hundred thousand dollars from joint expenses, fund 0175,
fiscal year 2005, organization 2300, activity 642, in the amount of twenty-four million six hundred
thousand dollars from the Tax Reduction and Federal Funding Increased Compliance Fund, fund
1732, fiscal year 2006, organization 2300, in the amount of six million six hundred twenty-nine
thousand dollars from the Board of Risk and Insurance Management - Premium Tax Savings Fund,
fund 2367, fiscal year 2006, organization 0218, and in the amount of one million two hundred fifty
thousand dollars from the Public Service Commission, fund 8623, fiscal year 2006, organization
0926, and making a supplementary appropriation of public moneys out of the Treasury from the
balance of moneys remaining as an unappropriated surplus balance in the State Fund, General
Revenue, to the Department of Agriculture, fund 0131, fiscal year 2006, organization 1400, to the
West Virginia Conservation Agency, fund 0132, fiscal year 2006, organization 1400, to the
Consolidated Public Retirement Board, fund 0195, fiscal year 2006, organization 0205, to the State
Department of Education, fund 0313, fiscal year 2006, organization 0402, to the State Board of
Rehabilitation Services - Division of Rehabilitation Services, fund 0310, fiscal year 2006,
organization 0932, to the Division of Human Services, fund 0403, fiscal year 2006, organization
0511, to Division of Corrections - Correctional Units, fund 0450, fiscal year 2006, organization
0608, and to the Aeronautics Commission, fund 0582, fiscal year 2006, organization 0807, by
supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June,
two thousand six."
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 794) to a committee was dispensed with, and it was taken up for immediate consideration,
read a first time and ordered to second reading.

Resolutions Introduced

Delegates Staton and Browning offered the following resolution, which was read by its title
and referred to the Committee on Rules:H. C. R. 94 - "Requesting the Division of Highways to name the bridge numbered 1.13 over
Slab Fork Creek on State Route 54 the 'Lieutenant William P. Patton Memorial Bridge' and the
bridge numbered 1.25 over Slab Fork Creek, both being in Mullens, West Virginia, the 'Captain
Charles H. Feller Memorial Bridge'."
Whereas, Lieutenant Patton, 1939, and Captain Feller, 1938, were both graduates of
Mullens High School. The Mullens High School National Honor Society adopted their name as the
"Feller-Patton National Honor Society" after learning of their being killed in action during World
War II; and
Whereas, Lieutenant William "Bill" Patton was an outstanding football and basketball
player at Mullens High School. After graduation, he attended V.P.I. at Blacksburg, VA beginning
in 1939 and commissioned as a Second Lieutenant upon graduation in 1943; and
Whereas, After a year of training, he was assigned to the U.S. Army 106th Infantry Division.
In May 1944, he sailed for Europe and joined the Third Army in Southern France under the
command of General George S. Patton. In December of 1944, with the Third Army, "Bill" Patton
was promoted to First Lieutenant when the 106th Division went to Luxembourg and Belgaum during
the "Battle of the Bulge"; and
Whereas, On December 19, 1944, a German 88 shell explosion wounded First Lieutenant
"Bill" Patton. Before being discharged from the hospital, Lt. Patton volunteered to return to his
division; and
Whereas, Lt. William P. Patton was awarded the Silver Star for outstanding bravery when, as company commander, he lead his company in an advance to relieve Americans surrounded at the
City of Bastgon; and
Whereas, On December 26, 1944, Lt. William P. Patton was killed by a German bullet
while leading his company across a snow-covered field in Belgium; and
Whereas, Upon graduation from Mullens High School, Captain Charles H. Feller enrolled
in the College of Engineering with West Virginia University. Where, after completing his Junior
year, he received a civilian pilot training lesson at the Morgantown Airport; and
Whereas, In August of 1941, Charles H. Feller enlisted in the Army Air Corps "Flying
Cadet" pilot training before the United States entered World War II and before he was old enough
to register for the draft; and
Whereas, On March 1, 1942, Charles H. Feller completed his pilot training, received his
wings, and was commissioned as a Second Lieutenant two weeks before he turned the age of 21; and
Whereas, As a fighter pilot of a P-40, Charles H. Feller was sent with his group to Panama
and Guatemala and, upon returning to the United States, was promoted to First Lieutenant and
helped train and form a fighter group flying the P-47 "Thunderbird"; and
Whereas, In January of 1944, Charles H. Feller sailed for Europe and joined the 8th Air
Force, where he was promoted to Captain and became Commander of the 375th Fighter Squadron;
and
Whereas, While escorting bombers as a fighter pilot, Captain Charles H. Feller was
accredited with shooting down three German airplanes and disabling two on the ground; and
Whereas, Charles H. Feller was awarded with two Air Medals and the Distinguished Flying
Cross; and
Whereas, On April 27, 1944, Captain Feller's plane was hit by a German ground fired shell while strafing an airfield 30 miles south of Paris, France; and
Whereas, Captain Feller's was reported to have been given an "honorable military funeral"
by the German Air Force prior to being buried in a civilian cemetery near the town of Etamps,
France; and
Whereas, Captain Feller's body was later brought home and buried in Arlington National
Cemetery and is believed to be the highest ranking soldier from Wyoming County that was killed
during World War II; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge numbered
1.13 over Slab Fork Creek on State Route 54 the "Lieutenant William P. Patton Memorial Bridge"
and the bridge numbered 1.25 over Slab Fork Creek, both being in Mullens, West Virginia, the
"Captain Charles H. Feller Memorial Bridge"; and, be itFurther Resolved, That the Division of Highways is requested to have made and placed on
the bridges signs identifying them as the "Lieutenant William P. Patton Memorial Bridge" and the
"Captain Charles H. Feller Memorial Bridge", respectively; and, be itFurther Resolved, That the Clerk of the House of Delegates is hereby directed to forward a
copy of this resolution to the Secretary of the Department of Transportation and the remaining
family of the heroes of this resolution.
Mr. Speaker, Mr. Kiss, and Delegates Staton and Browning, and all other members of the
House offered the following resolution, which was read by its title and referred to the Committee
on Rules:H. R. 31 - "Acknowledging the dedicated service of West Virginia's Family Physicians to
the West Virginia Legislature, on the 17th Anniversary of the 'Doc for a Day Program'."
Whereas, In 1989 the West Virginia Academy of Family Physicians began a free medical
service program to the West Virginia Legislature during its regular session, known as the "Doc for
a Day Program"; and
Whereas, The "Doc for a Day Program" is provided at the State Capitol Building by
volunteer family physicians from around the state during each day of the legislative session to
legislators, staff, government officials and the general public visiting the Capitol Complex; and
Whereas, In addition to the participation of volunteer family physicians, the "Doc for a Day
Program" also includes medical residents from the Charleston Division of the West Virginia
University Medical School and the Marshall University School of Medicine; and
Whereas, While providing medical care for cuts, bruises, coughs, colds and flu, the "Doc
for a Day Program" has also provided medical treatment for serious life-threatening injuries and
illness, including: hypertension, heart attacks, respiratory arrest, aneurysm, strokes, broken bones,
head trauma, appendicitis, pneumonia, kidney stones, and major lacerations; and
Whereas, More than twenty-eight thousand patients have received high quality medical care
without charge from the "Doc for a Day Program". The knowledge and expertise in family
medicine by these physicians and the willingness to share their volunteer medical service has been
and continues to be greatly appreciated; and
Whereas, The "Doc for a Day Program" has served as a model for free medical care
programs by many other state legislatures across this nation; and
Whereas, The Second Regular Session of the 77th Legislature, marks the 17th Anniversary
of the "Doc for a Day Program"; therefore, be it Resolved by the House of Delegates:
That the West Virginia House of Delegates hereby wishes to commend the West Virginia Academy of Family Physicians for its outstanding free medical program to the West Virginia
Legislature; and, be itFurther Resolved, That the Clerk of the House of Delegates forward an official copy of this
resolution to the West Virginia Academy of Family Physicians.
Delegate Swartzmiller offered the following resolution, which was read by its title and
referred to the Committee on Rules:H. R. 32 - "Promoting March 6-12, 2006, as National Problem Gambling Awareness Week
in West Virginia."
Whereas, On behalf of the citizens of West Virginia, the House of Delegates joins the West
Virginia Council on Problem Gambling in promoting March 6-12, 2006, as National Problem
Gambling Awareness Week in West Virginia; and
Whereas, Promoting the awareness week provides individuals in the problem gambling
community an opportunity to educate the public and policymakers about the social and financial
effectiveness of services available for problem gambling; and
Whereas, Problem gambling is a public health issue affecting millions of Americans of all
ages, races, and ethnic backgrounds in all communities and which has a significant societal and
economic cost; and
Whereas, Problem gambling is treatable and treatment is effective in minimizing the harm
to both individuals and society as a whole; and
Whereas, Numerous individuals, professionals and organizations have dedicated their
efforts to the education of the public about problem gambling and the availability and effectiveness
of treatment; and
Whereas, The Legislators of West Virginia and the West Virginia Council on Problem Gambling invite all residents of West Virginia to participate in National Problem Gambling
Awareness Week.Resolved by the House of Delegates:
That the House of Delegates joins the West Virginia Council on Problem Gambling in
promoting week of March 6-12 as National Problem Gambling Awareness Week in West Virginia
and encourages all citizens to help spread the message that there is help for problem gamblers
through treatment, and to support those who are in treatment and recovery and their families.

Petitions

Delegates Beach, Tansill, Poling, Fragale, Cann, Miley and Iaquinta presented resolutions,
adopted by the County Boards of Education in their respective districts, in support of the West
Virginia Education Association's proposals for repeal of the 80/20 PEIA legislation and the six
percent across the board pay raise for teachers; which was referred to the Committee on Finance.

Motions

Delegate Louisos submitted a written motion, as follows:

Delegate Louisos. Mr. Speaker, I move, pursuant to House Rule 82, that the Committee
on the Judiciary be discharged from further consideration of S. B. 519, relating to parental
notification requirements for abortions performed on unemancipated minors; and that the bill be
taken up for immediate consideration and read a first time.
The Speaker inquired of the Gentleman if his intention were to take a series of actions as
outlined in the written motion, or if it were his intention simply to move to discharge from further
consideration of the bill.
The Speaker also stated that if it were the Gentleman's intent to pursue the compound action
as outlined in the written motion, the required vote to accomplish this purpose would be two thirds of the members present. The Speaker further stated that if it were the Gentleman's intention simply
to move to discharge the Committee, then a majority of those present and voting was the requisite
vote.
Delegate Louisos responded that it was his intention simply to move to discharge the
Committee from further consideration of the bill.
Debate then ensued on the pending question, and at the conclusion thereof, Delegate Louisos
gave his closing statement and demanded the yeas and nays, which demand was sustained.
The yeas and nays having been ordered, they were taken (Roll No. 343), and there
were--yeas 37, nays 62, absent and not voting 1, with the yeas and absent and not voting being as
follows:
Yeas: Anderson, Armstead, Ashley, Azinger, Blair, Border, Canterbury, Carmichael, Duke,
Ellem, Evans, Frederick, Frich, Hall, Hamilton, Howard, Lane, Leggett, Louisos, Miley, Overington,
Porter, Roberts, Romine, Rowan, Schadler, Schoen, Sobonya, Stevens, Sumner, Susman, Tansill,
Trump, Tucker, Wakim, Walters and G. White.
Absent and Not Voting: Ferrell.
So, a majority of the members present and voting not having voted in the affirmative, the
Speaker declared the motion to discharge rejected.
On the motion to discharge the Committee on the Judiciary from further consideration of S.
B. 519, Delegate Dale Stephens submitted a written note of explanation to the Clerk and requested
that it be included in the Journal of today, and was as follows:Delegate Dale Stephens. Mr. Speaker, having consistently voted in favor of pro-life
legislation, I was particularly interested in seeing that S. B. 519 was voted on by the full House prior
to the end of this legislative session. I feel very strongly that this bill is important, sound legislation, and I am eager for it to be adopted.
However, I found the vote today to be particularly stressful, especially considering that many
other stalwart abortion opponents made it clear in a prior caucus that they would vote against the
motion to discharge the committee. At the same time, I made it clear during that caucus that I favored
the discharge and that I would vote in the affirmative - against the will of the House leadership -
because I felt so strongly.
But when the time came to vote, in midst of a harried floor session and under tense
circumstances, I pushed the "no" button and voted in the negative. I intended to vote in the
affirmative, in favor of discharging the committee. I can only attribute this to human error and the
distracting and stressful nature of the controversial vote, which took place during a busy floor session
in the final week.

The following bills on third reading, coming up in regular order, were each read a third time:Com. Sub. for S. B. 243, Relating to banks' self-ownership of stock,S. B. 269, Relating to parity for state-chartered banks' investments,S. B. 630, Relating to cancellation of combination insurance policies,
And, H. B. 4312, Increasing the compensation of child support enforcement attorneys.
On the passage of the bills, the yeas and nays were taken (Roll No. 344), and there
were--yeas 98, nays 1, absent and not voting 1, with the nays and absent and not voting being as
follows:
Nays: Lane.
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bills (Com. Sub. for S. B. 243, S. B. 269, S. B. 630 and H. B. 4312) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates on Consent Calendar bills and request concurrence therein on those bills requiring the
same.

Second Reading

S. B. 13, Requiring cross-reporting of suspected abuse or neglect of individuals or animals;
on second reading, coming up in regular order, was read a second time and ordered to third reading.Com. Sub. for S. B. 170, Creating Health Information Network; on second reading, coming
up in regular order, was read a second time.
An amendment recommended by the Committee on Finance was reported by the Clerk and
adopted, amending the bill on page
eleven, section four, line five, following the word "from" by
striking out the word "coalitions" and inserting in lieu thereof the word "collections".
On page eleven, section four, line nine, following the word "chapter" by striking out the
word "five-a" and inserting in lieu thereof the word "eleven-b".
And,
On page eleven, section four, line eleven, following the word "thousand" by striking out the
word "eight" and inserting in lieu thereof the word "seven".
The bill was then ordered to third reading.S. B. 213, Continuing Consolidated Public Retirement Board; on second reading, coming up in regular order, was read a second time and ordered to third reading.S. B. 214, Continuing Real Estate Commission; on second reading, coming up in regular
order, was read a second time and ordered to third reading.S. B. 215, Continuing Board of Examiners in Counseling; on second reading, coming up in
regular order, was read a second time and ordered to third reading.S. B. 218, Continuing Capitol Building Commission; on second reading, coming up in
regular order, was read a second time and ordered to third readingCom. Sub. for S. B. 364, Removing sunset provision from West Virginia Jobs Act; on
second reading, coming up in regular order, was read a second time and ordered to third readingCom. Sub. for S. B. 396, Authorizing Division of Rehabilitation Services promulgate
legislative rule relating to Ron Yost Personal Assistance Services Board; on second reading, coming
up in regular order, was read a second time and ordered to third reading.S. B. 462, Relating to filing interstate compacts with Secretary of State; on second reading,
coming up in regular order, was read a second time.
An amendment recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page two, following the enacting section, by striking out the
remainder of the bill and inserting in lieu thereof the following:
"ARTICLE 1B. COMMISSION ON INTERSTATE COOPERATION.
§29-1B-8. Filing interstate compacts.(a) Within ninety days of entering into an interstate compact, a commission, agency or
person administering the compact between or among states or the federal government, having the
force of law and to which this state is a party, shall file with the office of the Secretary of State:
(1) A copy of the compact accompanied by a signed letter of a representative of the
commission, agency or person administering the compact stating that the copy is a true and accurate
copy of the adopted compact;
(2) A listing of all other jurisdictions party to the compact and the date on which each
jurisdiction entered into participation; and
(3) Citations to any act or resolution of the Congress of the United States consenting to the
compact.
(b) The commission, agency or person administering the compact shall submit, within a
reasonable time from when the information becomes available:
(1) The status of each compact with respect to withdrawals or additions of participating
jurisdictions; and
(2) Any amendment, supplementary agreement or administrative rule having the force of law
and implementing or modifying the compact.
(c) The office of the Secretary of State shall index these documents and make them available
for inspection upon request of any person during normal business hours.
(d) The provisions of this section are in addition to other requirements of law for filing,
publication or distribution.
(e) Certified copies of interstate compacts entered into by this state prior to the effective date
of this section and the information required to be filed under subsection (a) of this section shall be
filed with the office of the Secretary of State by the commission, agency or person administering
the compacts within ninety days of the effective date of this section."
The bill was then ordered to third reading.S. B. 479, Paying certain funeral expenses for juvenile probation officers killed in line of duty; on second reading, coming up in regular order, was read a second time and ordered to third
reading.S. B. 481, Relating to domestic violence protective orders served out of state; on second
reading, coming up in regular order, was read a second time and ordered to third reading.Com. Sub. for S. B. 509, Clarifying automobile franchise law; on second reading, coming
up in regular order, was read a second time and ordered to third reading.S. B. 516, Finding and declaring claims against state; on second reading, coming up in
regular order, was read a second time.
The Clerk reported an amendment to the bill, and Delegate Frich stated that she could not
locate the amendment in the Chamber Automation System.
Unanimous consent having been obtained, the bill was advanced to third reading with the
amendment pending.S. B. 635, Requiring boards of education maintain certain flood insurance; on second
reading, coming up in regular order, was read a second time and ordered to third reading.S. B. 784, Relating to teacher certification; on second reading, coming up in regular order,
was read a second time.
An amendment recommended by the Committee on Education, was reported by the Clerk
and adopted, amending the bill on page two, line twenty, following the word "meeting" by striking
out the word "either" and inserting in lieu thereof the underscored word "any".
And,
On page three, line thirty-one, following the word "In" by striking out the words "either
event" and inserting in lieu thereof the underscored words "any of these requirements".
At 12:31 p.m., on motion of Delegate Staton, the House of Delegates recessed until 12:40 p.m., and reconvened at that time.

Special Calendar

Third Reading

S. B. 242, Allowing state-chartered banks issue more than one class of stock; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 349),
and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being
as follows:
Absent And Not Voting: Ashley, Border, Butcher, Ferrell and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 242) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.S. B. 271, Reducing state banks' time period for retaining records; on third reading, coming
up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 350),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Ashley, Ferrell and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 271) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.Com. Sub. for S. B. 521, Authorizing deer hunting in state parks; on third reading, coming
up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 351),
and there were--yeas 97, nays none, absent and not voting 3, with the absent and not voting being
as follows:
Absent And Not Voting: Ashley, Ferrell and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for S. B. 521) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.S. B. 619, Relating to Physicians' Mutual Insurance Company board member's term; on third
reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 352),
and there were--yeas 92, nays 6, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Blair, Ellem, Hamilton, Hatfield, Lane and Tansill.
Absent And Not Voting: Ferrell and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 619) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.S. B. 673, Authorizing county service fees for infrastructure projects; bonding authority; on
third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 353),
and there were--yeas 87, nays 11, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Armstead, Blair, Duke, Frich, Hatfield, Lane, Overington, Roberts, Rowan, Spencer
and Walters.
Absent And Not Voting: Ferrell and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (S. B. 673) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for H. B. 2235, Increasing salaries for magistrate clerks, magistrate assistants
and magistrate deputy clerks; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 354),
and there were--yeas 95, nays 3, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Lane, Spencer and Susman.
Absent And Not Voting: Ferrell and Stephens.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 2235) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.Com. Sub. for H. B. 4100, Providing a salary increase for elected county officials; on third
reading, coming up in regular order, was read a third time.
Delegate Butcher requested to be excused from voting on the passage of Com. Sub. for H.
B. 4100 under the provisions of House Rule 49, stating that he was a candidate for a county office.
The Speaker stated that the Gentleman did not have a certain pecuniary interest in the
passage of the bill and refused to excuse him from voting thereon.
This ruling will stand as the judgment of the Chair and of the House, pursuant to the inherent
right to make, interpret and enforce our rules of procedure as established by our sovereign, non-
reviewable Constitutional authority, and shall be binding in all other potential venues.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 355),
and there were--yeas 92, nays 7, absent and not voting 1, with the nays and absent and not voting
being as follows:
Nays: Armstead, Butcher, Lane, Louisos, Overington, Spencer and Susman.
Absent And Not Voting: Ferrell.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 4100) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.H. B. 4247, Relating to the time period for which state banks must retain records; on third
reading coming up in regular order, was, on motion of Delegate Staton, laid upon the table.H. B. 4249, Authorizing state banking institutions to issue more than one class of stock; on
third reading coming up in regular order, was, on motion of Delegate Staton, laid upon the table.Com. Sub. for H. B. 4620, Providing for the salary range of the Commissioner of Banking
and the Insurance Commissioner; on third reading, coming up in regular order, was read a third time.
The question being on the passage of the bill, the yeas and nays were taken (Roll No. 356), and there were--yeas 77, nays 21, absent and not voting 2, with the nays and absent and not voting
being as follows:
Nays: Armstead, Barker, Brown, Carmichael, DeLong, Duke, Eldridge, Fragale, Frich,
Howard, Hrutkay, Lane, Louisos, Marshall, Martin, Palumbo, Poling, Sobonya, Spencer, Susman
and Wysong.
Absent And Not Voting: Ferrell and Sumner.
So, a majority of the members present and voting having voted in the affirmative, the
Speaker declared the bill (Com. Sub. for H. B. 4620) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates and request concurrence therein.H. B. 4791,Giving counties plenary power to impose, administer, collect and enforce
payment of voter approved service fees; on third reading coming up in regular order, was, on motion
of Delegate Staton, laid upon the table.

Second Reading

Com. Sub. for S. B. 18, Granting tuition waivers to children and spouses of parole and
probation officers killed in line of duty; on second reading, coming up in regular order, was read a
second time.
An amendment recommended by the Committee on Education, was reported by the Clerk
and adopted, amending the bill on page one, following the enacting section, by striking out the
remainder of the bill, and inserting in lieu thereof the following:

"ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.

§18B-10-7. Tuition and fee waivers for children and spouses of officers and firefighters killed in the line of duty.

(a) Each state institution of higher education shall permit any person to attend its
undergraduate courses and classes if classroom space is available without charging suchthe person
any tuition or any fees, including those provided in sections two and three of this article if suchif:
(1) The person is the child or spouse of an individual who was:(A) A law-enforcement officer as defined in section one, article twenty-nine, chapter thirty
of this code;(B) A correctional officer at a state penal institution; (C) A parole officer;
(D) A probation officer;
(E) A conservation officer; or (F) A registered firefighter; and such officer or firefighter was(2) Killed in the line of duty while:(A) Employed by the state or any political subdivision thereofof the state; or such firefighter
was(B) A member of a volunteer fire department serving a political subdivision of this state.
Provided, That(b) The state institution of higher education may require suchthe person to pay:(1) Special fees, including any laboratory fees, if suchthe fees are required of all other
students taking a single or thethat particular course; and may require such person to pay for parking(2) Parking fees. (c) The governing boards may promulgate rules:(1) For determining the availability of classroom space; and other rules(2) As it considers necessary to implement this section; including rules regarding
qualificationsand(3) Regarding requirements for attendance, which shallmay not exceed the qualifications
required ofsuch requirements for other persons.(d) The governing boards may also extend to persons attending courses and classes under
this section any rights, privileges or benefits extended to other students which it considers
appropriate."
The bill was then ordered to third reading.S. B. 217, Continuing Board of Osteopathy; on second reading, coming up in regular order,
was read a second time.
An amendment recommended by the Committee on Government Organization, was reported
by the Clerk and adopted, amending the bill on page two, section sixteen, line five, by striking out
the word "sixteen" and inserting in lieu thereof "eight".
At 1:43 p.m., on motion of Delegate Staton, the House of Delegates recessed until 6:00 p.m.,
and reconvened at that time.

Miscellaneous Business

Delegate Butcher announced that he was absent on today when the vote was taken on Roll
No. 349, and that had he been present, he would have voted "Yea" thereon.
Delegate Stevens asked and obtained unanimous consent that the remarks of Delegate Ashley
regarding H. B. 4767, requiring the Attorney General to comply with certain requirements when
entering into contracts for legal services, be printed in the Appendix to the Journal.

Special Calendar

S. B. 371, Reducing severance tax on timber; on second reading, coming up in regular order, was read a second time and ordered to third reading.Com. Sub. for H. B. 4500, Providing for a salary adjustment for certain appointive state
officers; on second reading, coming up in regular order, was read a second time, advanced to third
reading, and the rule was suspended to permit the consideration of an amendment by Delegates
Ashley and Michael.S. B. 558, Providing salary adjustments for certain appointive state officers; on second
reading, coming up in regular order, was read a second time, advanced to third reading, and the rule
was suspended to permit the consideration of an amendment by Delegate Staton.S. B. 631, Relating to criminal school truancy complaints; on second reading, coming up in
regular order, was read a second time, and ordered to third reading.S. B. 785, Relating to school physical education requirements; on second reading, coming
up in regular order, was read a second time, and ordered to third reading.S. B. 786, Exempting certain severance wages from personal income tax; on second reading,
coming up in regular order, was read a second time.
On motion of Delegates Michael, Ennis and Swartzmiller, the bill was amended on page ten,
section twelve, line one hundred eighty-six, by striking out all of subdivision eleven and inserting
in lieu thereof the following:
"(11) For the two thousand six taxable year only, severance wages received by a taxpayer
from an employer as the result of the taxpayer's permanent termination from employment through
a reduction in force and through no fault of the employee, not to exceed thirty thousand dollars. For
purposes of this subdivision:
(i) The term 'severance wages' means any monetary compensation paid by the employer in
the taxable year as a result of permanent termination from employment in excess of regular annual wages or regular annual salary;
(ii) The term 'reduction in force' means a net reduction in the number of employees
employed by the employer in West Virginia, determined based on total West Virginia employment
of the employer's controlled group;
(iii) The term 'controlled group' means one or more chains of corporations connected
through stock ownership with a common parent corporation if stock possessing at least fifty percent
of the voting power of all classes of stock of each of the corporations is owned directly or indirectly
by one or more of the corporations, and the common parent owns directly stock possessing at least
fifty percent of the voting power of all classes of stock of at least one of the other corporations;
(iv) The term 'corporation' means any corporation, joint-stock company or association, and
any business conducted by a trustee or trustees wherein interest or ownership is evidenced by a
certificate of interest or ownership or similar written instrument; and."
The bill was then ordered to third reading.H. B. 4855, Making a supplementary appropriation to the department of education and the
arts, department of environmental protection, department of health and human resources, etc.; on
second reading, coming up in regular order, was read a second time and ordered to engrossment and
third reading. H. B. 4856, Making a supplementary appropriation to the department of commerce -miners'
health, safety and training fund; on second reading, coming up in regular order, was read a second
time and ordered to engrossment and third reading.H. B. 4857, Making a supplementary appropriation to the department of administration
-children's health insurance agency, to the department of commerce -division of natural resources,
to the department of transportation -public port authority, etc.; on second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.H. B. 4858, Supplementary appropriation, secretary of state -state election fund; on second
reading, coming up in regular order, was read a second time and ordered to engrossment and third
reading,
And,H. B. 4859, Supplementary appropriation, department of health and human resources -
division of health - tobacco settlement expenditure fund; on second reading, coming up in regular
order, was read a second time and ordered to engrossment and third reading.Com. Sub. for S. B. 51, Relating to name change for certain persons; on second reading,
coming up in regular order, was read a second time and ordered to third reading.Com. Sub. for S. B. 473, Creating crime of reckless driving resulting in serious bodily
injury; on second reading, coming up in regular order, was read a second time.
An amendment recommended by the Committee on the Judiciary, was reported by the Clerk
adopted, amending the bill on page one, following the enacting section, by striking out the remainder
of the bill and inserting in lieu thereof the following:
"ARTICLE 5. SERIOUS TRAFFIC OFFENSES.
§17C-5-3. Reckless driving; penalties.(a) Any person who drives any vehicle upon any street or highway, or upon any residential
street, or in any parking area, or upon the ways of any institution of higher education, whether public
or private, or upon the ways of any state institution, or upon the property of any county boards of
education, or upon any property within the state park and public recreation system established by
the Director of the Division of Natural Resources pursuant to section three, article four, chapter
twenty of this code in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b) The provisions of subsection (a) of this section shall not apply to those areas which have
been temporarily closed for racing sport events or which may be set aside by the Director of the
Division of Natural Resources within the state park and recreation system for exclusive use by
motorcycles or other recreational vehicles.
(c) Every person convicted of reckless driving is guilty of a misdemeanor, andmay be
punished upon a first conviction thereof, shall be confined in jailby imprisonment for a period of
not less than five days nor more than ninety days, or by fine offined not less than twenty-five dollars
nor more than five hundred dollars, or by both such fine and imprisonment, and on aupon
conviction of a second or subsequent conviction thereof,mayshall be punished by imprisonment
forconfined in jail not less than ten days nor more than six months, or by a fine offined not less
than fifty dollars nor more than one thousand dollars, or by both. such fine and imprisonment(d) Notwithstanding the provisions of subsection (e) of this section, any person convicted
of a violation of subsection (a) of this section who in doing so proximately causes another to suffer
serious bodily injury shall, upon conviction, be confined in jail not less than ten days nor more than
six months or fined not less that fifty dollars nor more than one thousand dollars, or both.
(e) For purposes of subsection (d) of this section, "serious bodily injury" means bodily injury
which creates a substantial risk of death, which causes serious or prolonged disfigurement,
prolonged impairment of health or prolonged loss or impairment of the function of any bodily
organ."
The bill was then ordered to third reading.S. B. 529, Updating meaning of certain terms used in state Personal Income Tax Act; on
second reading, coming up in regular order, was read a second time and ordered to third reading.S. B. 530, Updating meaning of certain terms used in state Corporation Net Income Tax Act;
on second reading, coming up in regular order, was read a second time and ordered to third reading.S. B. 551, Relating to involuntary commitment process for addicted persons; on second
reading, coming up in regular order, was read a second time.
An amendment recommended by the Committee on the Judiciary, was reported by the Clerk,
and adopted, on page twenty-four, section four, article five, line seventy-six, by striking out the word
"person" and inserting in lieu thereof the words "next of kin".
The bill was then ordered to third reading.Com. Sub. for S. B. 576, Changing calculation of prejudgment and post-judgment interest;
on second reading, coming up in regular order, was read a second time.
An amendment recommended by the Committee on the Judiciary, was reported by the Clerk
and adopted, amending the bill on page one, following the enacting section, by striking out the
remainder of the bill and inserting in lieu thereof the following :

"CHAPTER 48. DOMESTIC RELATIONS.

ARTICLE 1. GENERAL PROVISIONS; DEFINITIONS.

PART 3. MISCELLANEOUS PROVISIONS RELATING

TO DOMESTIC RELATIONS.

§48-1-302. Calculation of interest.
(a) Notwithstanding any other provisions of the code,Ifif an obligation to pay interest arises
under this chapter, the rate of interest is that specified in section §56-6-31 of this codeis ten percent
per annum, and proportionate thereto for a greater or lesser sum, or for a longer or shorter time.
Interest awarded shall only be simple interest, and nothing in this section may be construed to permit
awarding of compound interest. Interest accrues only upon the outstanding principal of such obligation. On and after the ninth day of June, one thousand nine hundred ninety-five, this section
will be construed to permit the accumulation of simple interest and may not be construed to permit
the compounding of interest. Interest which accrued on unpaid installments accruing before the
ninth day of June, one thousand nine hundred ninety-five, may not be modified by any court,
irrespective of whether such installment accrued simple or compound interest: Provided, That
unpaid installments upon which interest was compounded before the effective date of this section
shall accrue only simple interest thereon on and after the ninth day of June, one thousand nine
hundred ninety-five.
(b) Notwithstanding any other provision of law, no court may award or approve prejudgment
interest in a domestic relations action against a party unless the court finds, in writing, that the party
engaged in conduct that would violate subsection (b), Rule 11 of the West Virginia Rules of Civil
Procedure. If prejudgment interest is awarded, the court shall calculate prejudgment interest from
the date the offending representation was presented to the court pursuant to subsection (a) of this
section.
(c) Upon written agreement by both parties, an obligor may petition the court to enter an
order conditionally suspending the collection of all or part of the interest that has accrued on
past-due child support prior to the date of the agreement: Provided, That said agreement shall also
establish a reasonable payment plan which is calculated to fully discharge all arrearages within
twenty-four months. Upon successful completion of the payment plan, the court shall enter an order
which permanently relieves the obligor of the obligation to pay the accrued interest. If the obligor
fails to comply with the terms of the written agreement, then the court shall enter an order which
reinstates the accrued interest.(d) Amendments to this section enacted by the Legislature during the two thousand six regular session shall become effective the first day of January, two thousand seven.

CHAPTER 56. PLEADING AND PRACTICE.

ARTICLE 6. TRIAL.§56-6-31. Interest on judgment or decree.(a) Except where it is otherwise provided by law, every judgment or decree for the payment
of money, whether in an action sounding in tort, contract or otherwise, entered by any court of this
state shall bear interest from the date thereof, whether it be so stated in the judgment or decree or
not: Provided, That if the judgment or decree, or any part thereof, is for special damages, as defined
below, or for liquidated damages, the amount of such special or liquidated damages shall bear
interest from the date the right to bring the same shall have accrued, as determined by the courtat
the rate in effect for the calendar year in which the right to bring the same shall have accrued, as
determined by the court and that established rate shall remain constant from that date until the date
of the judgment or decree, notwithstanding changes in the federal reserve district discount rate in
effect in subsequent years prior to the date of the judgment or decree. Special damages includes lost
wages and income, medical expenses, damages to tangible personal property and similar out-of-
pocket expenditures, as determined by the court. If an obligation is based upon a written agreement,
the obligation shall bear a prejudgment interest at the rate set forth in the written agreement until
the date the judgment or decree is entered and, thereafter, the judgment interest rate shall be the
same rate as provided for in this section.The rate of interest shall be ten dollars upon one hundred
dollars per annum, and proportionately for a greater or lesser sum, or for a longer or shorter time,
notwithstanding any other provisions of law.(b) Notwithstanding the provisions of section five, article six, chapter forty-seven of this
code, the rate of interest on judgments and decrees for the payment of money, including prejudgment interest, is three percentage points above the Fifth Federal Reserve District secondary
discount rate in effect on the second day of January of the year in which the judgment or decree is
entered: Provided, That the rate of prejudgment and post-judgment interest shall not exceed eleven
percent per annum or be less than seven percent per annum. The administrative office of the
Supreme Court of Appeals shall annually determine the interest rate to be paid upon judgments or
decrees for the payment of money and shall take appropriate measures to promptly notify the courts
and members of the West Virginia State Bar of the rate of interest in effect for the calendar year in
question. Once the rate of interest is established by a judgment or decree as provided in this section,
that established rate shall thereafter remain constant for that particular judgment or decree,
notwithstanding changes in the Federal Reserve District discount rate in effect in subsequent years.
(c) Amendments to this section enacted by the Legislature during the year two thousand six
regular session shall become effective the first day of January, two thousand seven."
The bill was then ordered to third reading.S. B. 582, Requiring electronic filing of certain personal income tax returns; on second
reading, coming up in regular order, was read a second time and ordered to third reading.

First Reading

The following bills on first reading, coming up in regular order, were each read a first time
and ordered to second reading:H. B. 4860, Expiring funds to the unappropriated surplus balance in the state fund, general
revenue,
And,H. B. 4861, Supplementary appropriation, the department of administration -consolidated
public retirement board, department of military affairs and public safety, department of revenue -tax division, etc.

Committee Reports

Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:S. B. 483, Providing confidentiality of circuit court records involving guardianship of
minors,
And,Com. Sub. for S. B. 742, Revising Uniform Commercial Code,
And reports the same back, with amendment, by unanimous vote of the Committee, with the
recommendation that they each do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (S. B. 483
and Com. Sub. for S. B. 742) were each taken up for immediate consideration, read a first time,
ordered to second reading and then, in accordance with the provisions of House Rule 70a, was
ordered to the Consent Calendar.
Chairman Browning, from the Joint Committee on Enrolled Bills, submitted the following
report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 6th
day of March, 2006, presented to His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House of Delegates:(S. B. 244), Relating to state-chartered banks' investment limitations.
And,(Com. Sub. for S. B. 270), Continuing Board of Banking and Financial Institutions; membership qualifications.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:S. B. 211, Continuing Board of Professional Surveyors,S. B. 212, Continuing Board of Dental Examiners
And,S. B. 760, Allowing former WVU School of Mines' Director serve on Mine Inspectors'
Examining Board,
And reports the same back with the recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (S. B. 211,
S. B. 212 and S. B. 760) were each taken up for immediate consideration, read a first time and then
ordered to second reading.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:S. B. 419, Providing Public Service Commission jurisdiction for certain alternative sewer
service methods,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 419)
was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Beane, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration:S. B. 770, Relating to continuing education of osteopathic physician assistants,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 770)
was taken up for immediate consideration, read a first time and then ordered to second reading.
On motion for leave, a bill was introduced (Originating in the Committee on Finance and
reported with the recommendation that it do pass), which was read by its title, as follows:By Delegates Michael, Doyle, Kominar, Stalnaker, Leach, Cann, and H. White:H. B. 4862 - "A Bill making a supplementary appropriation of public moneys out of the
Treasury from the balance of moneys remaining as an unappropriated balance in the state fund,
general revenue, to
the department of military affairs and public safety - office of emergency
services, fund 0443, fiscal year 2006, organization 0606, by supplementing and amending the
appropriations for the fiscal year ending the thirtieth day of June, two thousand six."
At the respective requests of Delegate Staton, and by unanimous consent, the bill (H. B.
4862) was taken up for immediate consideration, read a first time and then ordered to second
reading.
Chairman Michael, from the Committee on Finance, submitted the following report, which
was received:
Your Committee on Finance has had under consideration:S. B. 489, Authorizing Treasurer provide remittance processing and e-government services
to political subdivisions,
And,S. B. 591, Authorizing Tax Commissioner collect cost of federal refund offset fees,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (S. B. 489
and S. B. 591) were each taken up for immediate consideration, read a second time, ordered to third
reading and then, in accordance with the provisions of House Rule 70a, were ordered to the Consent
Calendar.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:S. B. 620, Relating to consolidation of administrative services by boards of education and
regional education service agencies,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 620)
was taken up for immediate consideration, read a first time and then ordered to second reading.
Chairman Campbell, from the Committee on Education, submitted the following report,
which was received:
Your Committee on Education has had under consideration:S. B. 633, Addressing certain teacher critical shortage areas,
And reports the same back, by unanimous vote of the Committee, with amendment, with the
recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (S. B. 633)
was taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the former direction of the Speaker, referred to the Committee on Finance.
Chairman Beane, from the Committee on Government Organization, submitted the following
report, which was received:
Your Committee on Government Organization has had under consideration:S. B. 787, Creating Transportation Coordinating Council,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 787) to the Committee on Finance was abrogated, and it was taken up for immediate
consideration, read a first time and ordered to second reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:S. B. 443, Continuing hazardous waste management fee,
And reports the same back, with amendment, with the recommendation that it do pass, as
amended, and with the recommendation that second reference of the bill to the Committee on
Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bill (S. B. 443) to the Committee on Finance was abrogated, and it was taken up for immediate consideration, read a first time and ordered to second reading.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:S. B. 636, Relating to Court Security Fund's administrative costs,
And,S. B. 790, Relating to Workers' Compensation decision appeals,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that they each do pass, and with the recommendation that second reference of the bills to the
Committee on Finance be dispensed with.
At the respective requests of Delegate Staton, and by unanimous consent, reference of the
bills (S. B. 636 and S. B. 790) to the Committee on Finance was abrogated, and they were each
taken up for immediate consideration, read a first time, ordered to second reading and then, in
accordance with the provisions of House Rule 70a, ordered to the Consent Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:Com. Sub. for S. B. 47, Prohibiting local ordinances from discriminating against
factory-built housing,
And reports the same back, by unanimous vote of the Committee, with the recommendation
that it do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bill (Com. Sub.
for S. B. 47) was taken up for immediate consideration, read a first time, ordered to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to the Consent
Calendar.
Chairman Amores, from the Committee on the Judiciary, submitted the following report,
which was received:
Your Committee on the Judiciary has had under consideration:Com. Sub. for S. B. 219, Changing expiration date of graduated driver's licenses; prohibiting
cell phone use by certain minors,
And,S. B. 788, Relating to elections,
And reports the same back, with amendment, by unanimous vote of the Committee, with the
recommendation that they each do pass, as amended.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (Com.
Sub. for S. B. 219 and S. B. 788) were each taken up for immediate consideration, read a first time,
ordered to second reading and then, in accordance with the provisions of House Rule 70a, was
ordered to the Consent Calendar.
Chairman Michael, from the Committee on Finance submitted the following report, which
was received:
Your Committee on has had under consideration: S. B. 10, Allowing tax credits for community foundation contributions,S. B. 53, Changing ratio of school nurses to enrollment,S. B. 538, Relating to state employees' deferred compensation plan,
And,S. B. 693, Removing certain Court of Claims review procedures,
And reports the same back, by unanimous vote of the committee, with amendment, with the
recommendation that they each do pass.
At the respective requests of Delegate Staton, and by unanimous consent, the bills (S. B. 10,
S. B. 538 and S. B. 693) were each taken up for immediate consideration, read a first time, ordered
to second reading and then, in accordance with the provisions of House Rule 70a, was ordered to
the Consent Calendar.Clerk's Note: S. B. 53, contained in the foregoing report, was read a first time and ordered
to second reading prior to reference to the Committee on Finance. The bill reported to the House
this day is on Second Reading.

Messages from the Senate

A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:H. B. 4069, Continuing the Rural Health Advisory Panel until July 1, 2009.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:H. B. 4239, Continuing the Division of Unemployment Compensation.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:H. B. 4310, Continuing of the Board of Risk and Insurance Management.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:H. B. 4349, Continuing the Division of Motor Vehicles.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendments were reported by the Clerk:
On page two, section twenty-four, line four, by striking out the word "seven" and inserting
in lieu thereof the word "twelve".
And,
On page two, section twenty-four, lines five and six, by striking out the words "pursuant to
the provisions of that article".
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 357), and there were--yeas
91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Fragale, Houston, Miley, Stalnaker, Stephens, Tucker,
White, H. and Yost.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4349) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, with amendment, a bill of
the House of Delegates as follows:H. B. 4350, Continuing the Family Protection Services Board.
On motion of Delegate Staton, the bill was taken up for immediate consideration.
The following Senate amendment was reported by the Clerk:
On page one, by amending the title of the bill to read as follows:H. B. 4350 - "A Bill to amend and reenact §48-26-1102 of the Code of West Virginia, 1931,
as amended, relating to continuing the Family Protection Services Board."
On motion of Delegate Staton, the House of Delegates concurred in the Senate amendment.
The bill, as amended by the Senate, was then put upon its passage.
On the passage of the bill, the yeas and nays were taken (Roll No. 358), and there were--yeas
91, nays none, absent and not voting 9, with the absent and not voting being as follows:
Absent And Not Voting: Ferrell, Fragale, Houston, Miley, Stalnaker, Stephens, Tucker,
White, H. and Yost.
So, a majority of the members elected to the House of Delegates having voted in the
affirmative, the Speaker declared the bill (H. B. 4350) passed.Ordered, That the Clerk of the House communicate to the Senate the action of the House of
Delegates.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:H. B. 4391, Continuing the State Rail Authority.
A message from the Senate, by
The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill
of the House of Delegates as follows:H. B. 4603, Authorizing rules for the Higher Education Policy Commission and the West
Virginia Council for Community and Technical College Education regarding authorization of degree
granting institutions.
A message from the Senate, by
The Clerk of the Senate, announced concurrence by the Senate in the amendment of the
House of Delegates to the amendment of the Senate, and the passage, as amended, ofCom. Sub. for S. B. 114, Relating to teen court program fees.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the
concurrence of the House of Delegates in the adoption of the following concurrent resolution, which
was read by its title and referred to the Committee on Rules:S. C. R. 22 - "Requesting the Joint Committee on Government and Finance study the
feasibility and attendant legal ramifications, part and parcel of any proposed legislation designed
to stringently restrict and suppress the current perimeters within which lawyers advertise."
Whereas, Since the opening of a proverbial Pandora's Box, which gave license to lawyers
for seemingly unrelenting and increasingly bawdy, misleading and objectionable advertisements,
the legal profession's public image, once perceived as honorable and noble, has eroded into a
carnival-like thing, akin to a blue-light special, touted on a used car lot; and
Whereas, The general public's current perception of the legal profession, quite contrary to
the once-held view of a noble endeavor, has over the decades sunk into a doleful chasm wherein
lawyers are equated with used car salesmen, moneygrubbers and shysters. This unfortunate state
of affairs has regrettably occurred due to the sheer and continual increase in the number of lawyers
per capita, and the resulting massive aggregation of tasteless, unprofessional and gaudy advertisements that lawyers apparently are compelled to publish in an effort to compete with one
another while clinging to the ultimate dream of hitting the grand prize of the injury lottery; and
Whereas, Since this once indomitably noble profession has been allowed to descend into
the ooze of its increasingly unprofessional and ignoble state of affairs (antithetic to its original and
honorable callings), a state of affairs that beckons the public with the ever-so-familiar banner query
of "injured?", while promising monetary jackpot recoveries that appeal to the basest of human
instincts, a cancerous growth has materialized which begs for substantial containment, if not outright
excision; and
Whereas, In the eyes of the public, the legal profession's intended virtues of promoting
public justice, upholding the rights of citizens and resolving conflicts without resort to violence have
been relegated to the annals of history, while being replaced by catchy limericks, jingles and punch-
lines, endemic in the massive advertising budgets (once the exception - now the rule) extolling the
self-appointed "heavy hitter", "won't-take-no-for-an-answer" and "lawyer-who-will-fight-for-you"
wannabes; therefore, be itResolved by the Legislature of West Virginia:That the Joint Committee on Government and Finance is hereby requested to study the
feasibility and attendant legal ramifications, part and parcel of any proposed legislation designed
to stringently restrict and suppress the current perimeters within which lawyers advertise; and, be
itFurther Resolved, That the Joint Committee on Government and Finance report to the
regular session of the Legislature, 2007, regarding its findings, conclusions and recommendations,
along with drafts of any proposed legislation necessary to effectuate its recommendations; and, be
itFurther Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the
concurrence of the House of Delegates in the adoption of the following concurrent resolution, which
was read by its title and referred to the Committee on Rules:S. C. R.40 - "Authorizing the West Virginia Water Development Authority to issue bonds
and notes in excess of $400 million."
Whereas, The West Virginia Water Development Authority was created to, and continues
to, provide loan financing and other assistance to governmental entities for the acquisition,
construction and improvements of drinking water and wastewater systems; and
Whereas, The West Virginia Water Development Authority issues bonds to the public
market and secures those bonds with repayments from loans made to governmental entities; and
Whereas, As of January 1, 2006, the West Virginia Water Development Authority
anticipated having $352,695,000 in bonds outstanding; and
Whereas, The West Virginia Infrastructure and Jobs Development Council has adopted a
resolution requesting the West Virginia Water Development Authority to issue up to $45 million
in bonds before June 30, 2006, and the West Virginia Water Development Authority has project
funding requirements pending that will require approximately $10 million in bond proceeds within
the next year; and
Whereas, To meet the needs for the acquisition, construction and improvements of water
and sewer projects, the West Virginia Water Development Authority must issue bonds in excess of the $400 million funding cap; and
Whereas, Section twenty-seven, article one, chapter twenty-two-c of the Code of West
Virginia requires the Legislature to adopt a resolution authorizing the West Virginia Water
Development Authority to issue bonds and notes in excess of $400 million; therefore, be itResolved by the Legislature of West Virginia:
That the Legislature hereby authorizes the West Virginia Water Development Authority to
issue bonds and notes in excess of $400 million; and, be itFurther Resolved, That the bonds and notes issued are not to exceed $500 million, as
provided in section twenty-seven, article one, chapter twenty-two-c of the Code of West Virginia.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the
concurrence of the House of Delegates in the adoption of the following concurrent resolution, which
was read by its title and referred to the Committee on Rules:S. C. R.42 - "Requesting the Joint Committee on Government and Finance study vocational,
technical and adult education in West Virginia."
Whereas, Career preparation opportunities afforded citizens of West Virginia through
public schools and post-secondary education programs are vital to assure a high-quality workforce
and to promote economic development; and
Whereas, Quality career and technical education is paramount in assuring that West
Virginians are equipped with the necessary skill sets to succeed in the 21st century workplace; and
Whereas, The career and technical education curriculum must be designed and delivered
in a manner that assures a seamless and cost-effective transition between public schools and
post-secondary education, as exemplified through the Earn a Degree - Graduate Early (EDGE) initiative; and
Whereas,Multiple issues are involvedin delivering high-quality vocational, technical and
adult education which intersect with both K-12 and post-secondary education programs, including,
but not limited to, the following:
(1) Assessing the effectiveness and efficiency of current offerings and programs in terms of
participation, credentialing and placement rates;
(2) Determining if offerings and programs are appropriately aligned with current and
emerging workforce needs and industry standards; and
(3) Assuring that policies and structures are in place to provide a seamless curriculum to
produce an effective and efficient transition for students from K-12 to post-secondary education or
the workplace; therefore, be itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study
vocational, technical and adult education in West Virginia; and, be it Further Resolved, That the Joint Committee on Government and Finance report to the
regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the
concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:S. C. R.43 - "Requesting the Joint Committee on Government and Finance study the
actuarial conditions of municipal policemen's and firemen's pension funds."
Whereas, The Legislature recognizes that police and firefighter services are necessary for
the health and welfare of the citizens of the state's municipalities; and
Whereas, Providing attractive and adequately funded pension benefits assist municipalities
in recruiting and retaining dedicated and well-trained police officers and firefighters; and
Whereas, Many municipal police and firefighter pension funds are inadequately funded to
provide for projected needs; and
Whereas, The financial costs associated with municipal police and firefighter pension funds
have increasingly become a burden on many of the state's municipalities; and
Whereas, Existing unfunded liabilities of municipal pension funds threaten the financial
stability of many of the state's municipalities; and
Whereas, A comprehensive study is needed to determine appropriate legislation to assist
municipalities in strengthening and sustaining their pension funds; therefore, be itResolved by the Legislature of West Virginia:That the Joint Committee on Government and Finance is hereby requested to study the
actuarial conditions of municipal policemen's and firemen's pension funds; and, be itFurther Resolved, That the Joint Committee on Government and Finance establish a task
force to study the effects of current legislation on those funds and to consider legislative initiatives
to strengthen the actuarial soundness of the municipal funds, including permitting municipal police
officers and firefighters to participate in the Deputy Sheriff's Retirement System; and, be itFurther Resolved, That the cochairs of the Legislature's Joint Committee on Pensions and Retirement be cochairs of the task force which shall include, but not be limited to, the actuary of the
Consolidated Public Retirement Board and representatives of the Governor, the State Treasurer, the
West Virginia Investment Management Board, the West Virginia Municipal League, the Fraternal
Order of Police and the West Virginia Professional Fire Fighters Association; and, be itFurther Resolved, That the Joint Committee on Government and Finance report to the
regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the
concurrence of the House of Delegates in the adoption of the following concurrent resolution, which
was read by its title and referred to the Committee on Rules:S. C. R. 47 - "Requesting the Joint Committee on Government and Finance study current
and future highway financing."
Whereas, Funding for the Division of Highways has not increased relative to the cost of
inflation; and
Whereas, This situation has limited the ability of the Division of Highways to maintain the
State of West Virginia's highway system and to develop and construct new highways which are
essential for the economy of the state; and
Whereas, The State of West Virginia may be the recipient of additional federal funding in
the near future which would require the Division of Highways to provide additional matching state funding over and above what is normally allocated; and
Whereas, A variety of highway authorities have been created by legislative acts to promote
and secure funding for the construction of various roadways throughout the state; and
Whereas, The funding sources available to meet the needs of the Division of Highways are
limited; therefore, be it Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study current
and future highway financing; and, be itFurther Resolved, That the Joint Committee on Government and Finance review and
examine the abilities of local government and various highway authorities in providing funding
options over and above that of the Division of Highways; and, be itFurther Resolved, That the Joint Committee on Government and Finance report to the
regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its recommendations; and, be it Further Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the
concurrence of the House of Delegates in the adoption of the following concurrent resolution, which
was read by its title and referred to the Committee on Rules:S. C. R.52 - "Requesting the Joint Committee on Government and Finance study revenues
taken in and expenditures made by the West Virginia Parkways, Economic Development and Tourism Authority."
Whereas, The West Virginia Parkways Authority has been given authority to administer
the West Virginia Turnpike, including issuing bonds, refinancing bonds, setting toll rates and
making expenditures; and
Whereas, The Parkways Authority recently raised toll rates for the West Virginia Turnpike;
and
Whereas, This toll rate increase has caused concern for both public officials and the citizens
of the state; and
Whereas, Questions have been raised concerning the sources and amount of revenue and
the expenditures of the Parkways Authority; therefore, be itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study revenues
taken in and expenditures made by the West Virginia Parkways, Economic Development and
Tourism Authority; and, be itFurther Resolved, That the Joint Committee on Government and Finance report to the
regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the
concurrence of the House of Delegates in the adoption of the following concurrent resolution, which was read by its title and referred to the Committee on Rules:S. C. R 76 - "Requesting the Joint Committee on Government and Finance study the titling
and branding of vehicles which have sustained damage to an extent that the vehicles have significant
costs in repairs or have sustained damages that result in significant reductions in value."
Whereas, There are current laws that require vehicles to be
declared total losses if damages exceed seventy-five percent or more of the vehicles' market value;
and
Whereas, The cost of vehicle repairs generally is increasing; and
Whereas, The number of air bags installed in vehicles is increasing and, consequently, the
cost to replace these air bags is increasing as well. This increased cost of air bag replacement is
causing more damaged vehicles to exceed the seventy-five percent threshold, resulting in vehicles
being declared totaled that would otherwise be repairable. Insurance companies are then required
to acquire the vehicle, thus depriving the vehicle owner of use; and
Whereas, The purchase of gap insurance may alleviate some of the hardship experienced
by the owners of vehicles that have been totaled; and
Whereas, Recent natural disasters have resulted in the addition of thousands of water- and
storm-damaged vehicles to the vehicle market; and
Whereas, Current law does not provide definitions for affixing designating brands on
vehicles that have been damaged by flood, storm or fire for the protection of a subsequent owner;
and
Whereas, Previous insurance claim information for subsequent purchasers of vehicles that
may have undisclosed damage is limited; therefore, be itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the titling
and branding of vehicles which have sustained damage to an extent that the vehicles have significant
costs in repairs or have sustained damages that result in significant reductions in value; and, be itFurther Resolved, That the Joint Committee on Government and Finance review, examine
and study all aspects of the issue of the increase in repair costs of vehicles which have sustained
damage; and, be itFurther Resolved, That the Joint Committee on Government and Finance review and
recommend improvements in the current process of determining total loss, determining previous
damage to vehicles that have not been disclosed and the appropriate branding of titles to vehicles
that have sustained substantial damage; and, be itFurther Resolved, That the Joint Committee on Government and Finance report to the
regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.
A message from the Senate, by
The Clerk of the Senate, announced the adoption by the Senate and requested the
concurrence of the House of Delegates in the adoption of the following concurrent resolution, which
was read by its title and referred to the Committee on Rules:S. C. R. 77 - "Requesting the Joint Committee on Government and Finance study providing
an exemption for new residents from payment of the privilege tax imposed on vehicles."
Whereas, There is a privilege tax imposed on certificates of title of each vehicle; and
Whereas, There is no exemption for applicants who are not residents at the time the vehicle
was purchased and a similar tax paid to another state; and
Whereas, An exemption for the privilege tax would impact the revenue of the Department
of Transportation; therefore, be itResolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study providing
an exemption for new residents from payment of the privilege tax imposed on vehicles; and, be itFurther Resolved, That the Joint Committee on Government and Finance review and
recommend possible alternative funding sources to assist the Department of Transportation,
including the allocation of personal property taxes derived from motor vehicles; and, be itFurther Resolved, That the Joint Committee on Government and Finance explore other
enforcement strategies to assure compliance with state motor vehicle registration laws; and, be itFurther Resolved, That the Joint Committee on Government and Finance report to the
regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its recommendations; and, be itFurther Resolved, That the expenses necessary to conduct this study, to prepare a report and
to draft necessary legislation be paid from legislative appropriations to the Joint Committee on
Government and Finance.

Leaves of Absence

At the request of Delegate Staton, and by unanimous consent, leave of absence for the day
was granted Delegate Ferrell.
At 6:36 p.m., the House of Delegates adjourned until 11:00 a.m., Wednesday, March 8, 2006.